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>> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads to the supreme court to review the case. everyone thought they would take the case. i think they are going to do the right thing and strike it down. the other case is much more complicated. the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the case says there's this definition passed by a ballot initiative that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says the
>> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads...
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the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the perry case says there's this definition passed by a ballot initiative in 2008 that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says there's a fundamental right for same-sex couples to marry, that could flip the remaining 41 states that don't have same-sex marriage to require them to have same-sex marriage. i don't think that's going to happen. i think there's many weigh stations between 0 and 50. for example, the court could look at this and say there are a bunch of states, eight states that say we're going to give you the rights and benefits of marriage but we're going to withhold the word marriage. the court can look and say you're worried about is brand. all you're saying is if you let gays into marriage that's going to diminish the brand. we're going to strike that down. we're going to add those s
the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the perry case says there's this definition passed by a ballot initiative in 2008 that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says there's a fundamental right for same-sex couples to marry, that could flip the remaining 41 states that don't have...
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what happens it doma gets struck down by the court, 5-4 or whatever? >> the ridiculously named defense of marriage act would be gone obviously. >> what would it mean to a gay person who is married? >> that would mean that couples who are married in those states as well as the district of columbia, their marriages would be recognized by the federal government. now, it would mean we still have a lot of work to do, and depending on how they rule in the prop 8 case, we would still need other states to move forward with the right to marry. >> right. >> thank you. it's an honor to have you on and your organization. elizabeth birch, we are in a much bigger studio. >>> the republican establishment is at war with its crazy wing. they say they lost the election because ideologues pulled mitt romney foo far to the right. that sounds reasonable. wrong says the right wing. we lost because mitt romney wasn't right wing enough. the winner of this little tango will determine whether the gop moves to the center where it might find some votes or becomes an even more fri
what happens it doma gets struck down by the court, 5-4 or whatever? >> the ridiculously named defense of marriage act would be gone obviously. >> what would it mean to a gay person who is married? >> that would mean that couples who are married in those states as well as the district of columbia, their marriages would be recognized by the federal government. now, it would mean we still have a lot of work to do, and depending on how they rule in the prop 8 case, we would still...
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it happened on the doma issue. because doma does address the general issue of man, woman, marriage. but then you have california, prop 8 and prop 8 struck down and movement in california. other states that have legal i seed gay marriage. maryland, for instance. so, it's not like the feds are going to try to enforce dome marks right? >> two different issues. one is criminal and one is something totally different. >> right, it's still selective. i'm not making a judgment. it's interesting that there are these conflicts. and this happens on not a lot of issues. and what's the latest with you on -- your name is so difficult to say but anna hita, what's your take on the pot issue? >> my take is that would urge washington pot smokers not to rush out and pull out the cheetoes quite yet. because under federal law it is illegal to possess, to sell, to smoke pot. we know that federal law trumps state law. so i think not only will the federal -- the feds have an obligation to get in there and ensure that their laws are upheld. >> laura: their laws are on the books. whether immigration, their l
it happened on the doma issue. because doma does address the general issue of man, woman, marriage. but then you have california, prop 8 and prop 8 struck down and movement in california. other states that have legal i seed gay marriage. maryland, for instance. so, it's not like the feds are going to try to enforce dome marks right? >> two different issues. one is criminal and one is something totally different. >> right, it's still selective. i'm not making a judgment. it's...
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cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in what world do potatoes, bacon and cheese add up to 100 calories? your world. ♪ [ whispers ] real bacon... creamy cheese... 100 calories... [ chef ] ma'am [ male announcer ] progresso. you gotta taste this soup. i tell them dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can grow and multiply. polident is specifically designed to clean dentures daily. its unique micro-clean formula kills 99.9% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why i recommend using polident. [ male announ
cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in...
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what doma says is two things. one state does not have to recognize the marriage law, same-sex marriage law, of another state. that would be struck down and then there would have to be another test as to full faith and credit. >> if you move from california to utah and you're getting the recognized marriage in california but not in utah, but in utah living in salt lake city you'd be able to get social security benefits and all the federal stuff. >> you would -- it's not clear. >> it would depend how the court rules in that case. >> if the court reaches the question of full faith and credit, what that is, utah must recognize the marriage laws of california, then, yes -- >> but you'd still be getting your social security checks, wouldn't you? >> it's not clear -- >> let's go back to a clear case. if prop 8 -- if the decision by the ninth , if the decision to strike that down, if that is upheld, where do we stand? what does that do? is equality then the law of the land? is marriage equality the law of land? >> it woul
what doma says is two things. one state does not have to recognize the marriage law, same-sex marriage law, of another state. that would be struck down and then there would have to be another test as to full faith and credit. >> if you move from california to utah and you're getting the recognized marriage in california but not in utah, but in utah living in salt lake city you'd be able to get social security benefits and all the federal stuff. >> you would -- it's not clear....
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the high court today decided to hear two appeals, one involving doma, the federal defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state of california. now, the court's expected to hear arguments in march with a ruling by late june, and the decision to take on the issue comes just weeks after voters in three more states approved same sex marriage. no one knows more about the supreme court than our cnn legal analyst, jeffrey toobin. how big a dl is this? put it in perspective. >> this is a major event in american history, not just court history because same sex marriage now is at the center of the american legal world. this was a cause that was seen as a fringe issue as recently as the '90s. >> it wasn't even mentioned as a possibility. >> it was not even mentioned. polling has gone from approximately 20% to 30% support in the '90s, now gallup polls showed 53%, exit polls showed 49%. it now appears to command close to a majority support and now the supreme court may decide that same s
the high court today decided to hear two appeals, one involving doma, the federal defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state of california. now, the court's expected to hear arguments in march with a ruling by late june, and the decision to take on the issue comes just weeks after voters in three more states approved same sex marriage. no one knows more about the supreme court than...
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is doma doomed? >> i think it is. there are four district courts say i saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's
is doma doomed? >> i think it is. there are four district courts say i saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's
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even the justice department won't defend doma. so they can wrap it just on invalidating doma without answering the question of the validity of same-sex marriage. that's an easy way to do it. that's what supreme court decisions often will resolve cases by. look at the procedural issue. this is an answer the american people want. the supreme court recognizes that. they will make a ruling on it. this court will decide this. >> hang on, guys. a wisconsin dad is on the hook for $90,000 in back child support. he had nine kids with six different women. what the judge said he can't do anymore until he pays up. legal guys will weigh in on that as well. >>> and the looming fiscal cliff. the president says raising money on the wealthiest americans could raise a trillion dollars. from the best players in history to the number 1 club in the world. the potential of manchester united unlocked. nyse euronext. unlocking the world's potential. since ameriprise financial was founded back in 1894, they've been committed to putting clients first. help
even the justice department won't defend doma. so they can wrap it just on invalidating doma without answering the question of the validity of same-sex marriage. that's an easy way to do it. that's what supreme court decisions often will resolve cases by. look at the procedural issue. this is an answer the american people want. the supreme court recognizes that. they will make a ruling on it. this court will decide this. >> hang on, guys. a wisconsin dad is on the hook for $90,000 in back...
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so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government is meddling with the state definitions of marriage. with respect to the prop 8 case, i think again kennedy, because of these two cases i mentioned, is likely to be sympathetic but may be incremental. he may say something along the lines of one state or eight states have to flip. i don't think he'll flip all 41. >> we always appreciate your valuable insight. we hope you'll stick around for the next few months and continue to provide that as we wade through what is undoubtedly going to be a fairly complex case, as well. good saturday to you, sir. thank you for your time. >>
so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government...
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, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the nurse that answered the phone has apparently taken her own life. there's fallout for the deejays. the royal family is weighing in on what happened. we have a live report ahead. capella university understands businesses are trying to come back from rough economic times. employees are being forced to do more with less. and the need for capable leaders is greater than ever. when you see these problems do you take a step back, or do you want to dive right in? with a degree in business from capella university, you'll have the knowledge to go further in your career than you ever thought possible. let's get started at
, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the...
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. >> particularly over the doma case. gay marriage advocates who want the defense of marriage act struck down say doma creates a gay-only exception to federal recognition of state licensed marriages. and we believe that the federal government should stop discriminating against same sex couples legally married by their states. but defender of traditional marriage between one man and one woman say, quote: since president bill clinton signed doma into law, 30 states have followed suit by incorporating the definition of marriage into their constitutions. voters in these states will not accept an activist court redefining our most fundamental social institution. arguments on both cases are likely to be in march and rules likely in june. shep? >> shepard: we got another announcement from the supreme court today. it's going to take up another case that really could effect what we all pay for prescription drugs. >> right. this is about the battle between more expensive brand name drugs and cheaper generic drugs. some of the brand
. >> particularly over the doma case. gay marriage advocates who want the defense of marriage act struck down say doma creates a gay-only exception to federal recognition of state licensed marriages. and we believe that the federal government should stop discriminating against same sex couples legally married by their states. but defender of traditional marriage between one man and one woman say, quote: since president bill clinton signed doma into law, 30 states have followed suit by...
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ruling in favor of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot of benefits that come from the federal tax code that people who get married need to enjoy if you're going to have a fair and equitable situation in society. so i think they made a big step forward here. and, you know, the court is a hard place to read. unfortunately, it's not like the election. well don't have nate silver to read every morning to tell us how it's going to turn out. but we'll all be watching closely. >> chris, there is a third issue that the justices haven't taken up yet, and that's an arizona law that bars some same-sex spouses from access to state benefits. where do we go on that? what
ruling in favor of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot...
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is doma doomed? >> i think it is. there are four district courts saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's a heavy judicial pile of precedent here from the lower courts. the only question remains is one of standing. but i think that it really is losing steam. the questions going to be holings worth and whether they leave this question to states like california. and that could be a really painful decision if it goes the wrong way. saying it violated the rights of
is doma doomed? >> i think it is. there are four district courts saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's a heavy judicial pile of precedent here from the lower courts. the only question remains is one of standing. but i think that it really is losing steam. the questions going to be holings worth and whether they leave this question to states like california. and that could be a really painful decision if it goes the wrong way....
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, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the nurse that answered the phone has apparently taken her own life. there's fallout for the deejays. the royal family is weighing in on what happened. we have a live report ahead. aches, fevers. and i relieve nasal congestion. overachiever. [ female announcer ] tylenol® cold multi-symptom nighttime relieves nasal congestion. nyquil® cold and flu doesn't. >>> the fight for a baby girl. the father says the mother never told him she was giving it up for adoption. will the adoptive parents give her up? that's the question. a judge has ruled. we'll tell you what happened when we continue. >>> tonight, "360" following
, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the...
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>> well, the challenge here to doma really is that only this provision in doma is unconstitutional as applied to legally married same-sex couples. the argument is that that provision discriminates against them by treating them differently from legally married opposite sex couple its. so if the court found in favor of edie windsor as the lower federal appellate court here did t would not affect any state's law that prohibits same-sex marriage so this is more of a yes or so no question, there aren't as many options as there are with the california prop 8 case for the court. >> warner: very briefly, the court did also raise so called standing issues in each one is it fair to say if they rule on these standing issue these could be incredibly narrow rulings. >> they could. the standing questions have to do with whether parties including the united states government are properly before the court in these cases. if the court finds that they are not properly before them the court will never even get to the marriage. the cases will be dismissed. >> warner: marcia, thank you so much. >> my plea
>> well, the challenge here to doma really is that only this provision in doma is unconstitutional as applied to legally married same-sex couples. the argument is that that provision discriminates against them by treating them differently from legally married opposite sex couple its. so if the court found in favor of edie windsor as the lower federal appellate court here did t would not affect any state's law that prohibits same-sex marriage so this is more of a yes or so no question,...
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, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the nurse that answered the phone has apparently taken her own life. there's fallout for the deejays. the royal family is weighing in on what happened. we have a live report ahead. i'm doing my own sleep study. advil pm® or tylenol pm. the advil pm® guy is spending less time lying awake with annoying aches and pains and more time asleep. advil pm®. the difference is a better night's sleep. ♪ you can stay in and like something... ♪ [ car alarm deactivates ] ♪ ...or you can get out there with your family and actually like something. ♪ the lexus december to remember sales event is on, offering some of our be
, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the...
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the other case called windsor versus doma originated in new york and challenges the constitutionality of the defense of marriage act. we're going to talk about this a little bit more this morning, and we'll have our legal contributor paul callan discuss it with us right after this break. i always wait until the last minute. can i still ship a gift in time for christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery. up high! ok. don't you have any usefull apps on that thing? who do you think i am, quicken loans? ♪ at quicken loans, our amazingly useful mortgage calculator app allows you to quickly calculate your mortgage payment based on today's incredibly low interest rates... right from your iphone or android smartphone. one more way quicken loans is engineered to amaze. ♪ home of the legendary grand prix circuit. the perfect place to bring the all-new cadillac ats to test the 2.0-liter turbo engine. [ engine revs ] ♪ [ derek ] 272 horsepower. the lightest i
the other case called windsor versus doma originated in new york and challenges the constitutionality of the defense of marriage act. we're going to talk about this a little bit more this morning, and we'll have our legal contributor paul callan discuss it with us right after this break. i always wait until the last minute. can i still ship a gift in time for christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express...